Raines v. State

COLQUITT, Circuit Judge.

This case presents the narrow but precise issue whether the statutory waiver of a jury trial required by the Youthful Offender Act (Act No. 335, approved Feb. 10, 1972, Tit. 15 § 266(l)-(6), Code of Alabama, is violative of the constitutional guarantees of the right to trial by jury and due process of law.

Don Raines was indicted for unlawfully selling marijuana. At arraignment the trial court appointed counsel to represent Raines *363and advised him of his “youthful offender” rights in substance as follows:(1) If he applied for and was granted youthful offender status, he…